Downer on the defensive over war crimes court

By Cynthia BanhamNovember 22 2002

The Federal Government was forced to defend itself yesterday over its decision not to nominate an Australian to the bench of the new International Criminal Court.

The Foreign Minister, Alexander Downer, who was a strong supporter of Australia ratifying the permanent war crimes court, said that the choice was not a result of pressure being applied by the United States, which has refused to ratify the court.

Mr Downer said he had not "gone cold on the court" but that the Government had decided to throw its resources into pushing for an Australian prosecutor on the court rather than a judge.

"I think myself that the prosecutor's position is the most important position in the court," he said.

"So we've really been focusing on that, rather than putting an enormous number of resources into getting one of very, very few positions that would be available to a country from the West, Europe and other groups as judges; and we'd have to find the right person there and we'd have to run a massive campaign."");document.write("

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Justice John Dowd, chairman of the International Commission of Jurists and a former Liberal state government minister, said yesterday Australia should have nominated a judge because even if it did not succeed, it would have "sent a message" of Australia's endorsement of the court.

While conceding the prosecutor's was an important role, he said: "I still think nonetheless because of our enthusiasm at the start and work we've put into it before the pressure from the United States that we should put up a judge."

The decision was criticised by the secretary general of the Law Council of Australia, Michael Lavarch, who called it "disappointing".

The shadow attorney-general, Robert McClelland, said the decision was outrageous, and that the only reason Labor agreed to rush the court legislation through was because the Government argued it wanted to play a prime role in its formation.

However, Donald Rothwell, an associate professor at the University of Sydney, said while many international lawyers around the country would be very surprised at Australia's decision not to nominate a judge, if the Government was serious about putting forward an Australian chief prosecutor, that would change the scenario.

The chief prosecutor would play a pivotal role in the formation and development of the court, he said, and in determining which cases would be prosecuted by it.